Yes, you can. Prosecutors drop charges all the time. They reduce offenses. They negotiate plea agreements. It happens in the majority of drunk driving arrests, which might surprise you if you’re facing charges right now and feel like there’s no way out.
When DUI Charges Get Dismissed
Strong evidence doesn’t matter if it was gathered illegally. We’ve seen charges dismissed because the traffic stop lacked probable cause. Sometimes, field sobriety tests were given incorrectly. Breathalyzer machines that weren’t calibrated properly? That’s another reason. Blood test chain of custody issues compromise results constantly. And if the arresting officer violated your constitutional rights during any part of the process, that creates grounds for dismissal. At Stechschulte Nell, we dig into every detail of your arrest. One procedural error is sometimes all it takes.
Challenging Breathalyzer And Blood Test Results
Chemical tests aren’t as reliable as most people think. Breathalyzers need specific maintenance schedules. They require proper calibration. When law enforcement skips these steps, which happens more than it should, the results become questionable at best. Blood tests are different but equally vulnerable to problems. Medical professionals must follow strict protocols when they’re drawing samples, storing them, and running tests. Any deviation creates opportunities for us to challenge the evidence.
Negotiating Reduced Charges
Even when the evidence looks solid, prosecutors sometimes agree to reduce DUI charges to reckless driving. People in the legal field call this a “wet reckless.” It carries lighter penalties and way fewer long-term consequences. A Hillsborough County DUI Defense Lawyer knows when prosecutors might be open to this kind of negotiation. First-time offenders have better chances, especially if your blood alcohol level was borderline. Cases with weak evidence create negotiating room. So do sympathetic circumstances.
Why does this matter? Reduced charges mean:
- Lower fines
- Shorter license suspensions
- Less jail time
- No DUI conviction on your record
That last point affects everything. Your employment opportunities. Insurance rates. Professional licenses, if you have them.
The Power Of Pretrial Motions
We file motions to suppress evidence when police violate your rights. Maybe they didn’t have a reasonable suspicion for the initial stop. Maybe they forced you to take tests without proper warnings. These violations happen constantly. If a judge grants a suppression motion, that critical evidence gets excluded. Can’t be used. Won’t be mentioned. Without breathalyzer results or certain officer testimony, prosecutors lose their ability to prove the case beyond a reasonable doubt. They’ll often dismiss charges rather than proceed with what’s left.
Understanding Diversion Programs
Florida offers pretrial diversion programs for some first-time DUI offenders. You complete specific conditions like DUI school, community service, and substance abuse treatment. Finish the program successfully? Charges get dropped. Not everyone qualifies, though. Your blood alcohol level matters. So does your driving record. Whether anyone was injured in your case factors into eligibility decisions. But when you do qualify, diversion programs provide a legitimate path to avoid conviction without ever stepping into a courtroom.
When Plea Agreements Make Sense
Sometimes accepting a plea agreement is the smartest move you can make. That doesn’t mean you’re giving up or admitting defeat. It means you’re making a calculated decision based on the actual evidence and realistic potential outcomes. A Hillsborough County DUI Defense Lawyer weighs the strength of what the prosecution has against the very real risks of going to trial. If their evidence is strong and a trial conviction seems highly likely, negotiating favorable plea terms protects you from harsher sentences that a judge might impose after a guilty verdict. Plea agreements can include reduced charges. Lighter sentences. Alternative penalties that don’t involve jail time. You gain certainty about what’s going to happen instead of gambling on what a jury might decide.
Your DUI arrest doesn’t automatically mean conviction. Many defenses exist that can work in your favor, and experienced attorneys know exactly how to use them. If you’re facing DUI charges in Florida, contact us to discuss your specific situation and the strategies that might work for your case.
